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 Federal  Communications  Commission  DA  01-  740 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Amendment  of  Section  73.202(  b),  )  MM  Docket  No.  00-  238 
 Table  of  Allotments,  )  RM-  10008 
 FM  Broadcast  Stations.  ) 
 (Ephraim,  Wisconsin  )  ) 


 REPORT  AND  ORDER 
 (Proceeding  Terminated) 


 Adopted:  March  14,  2001  Released:  March  23,  2001 
 By  the  Chief,  Allocations  Branch: 
 1.  In  response  to  a  petition  filed  by  Carrie  L.  Riordan  (“  Riordan”),  the  Commission  has  before  it 
 for  consideration  the  Notice  of  Proposed  Rule  Making,  15  FCC  Rcd  22451  (2000),  requesting  the 
 allotment  of  Channel  295A  at  Ephraim,  Wisconsin,  as  the  community's  first  local  transmission 
 service.  Riordan  filed  comments  supporting  the  allotment  of  Channel  295A  at  Ephraim.  No  other 
 comments  were  received  in  response  to  the  Notice  in  this  proceeding. 


 2.  We  believe  the  public  interest  would  be  served  by  allotting  Channel  295A  to  Ephraim, 
 Wisconsin,  as  it  will  provide  the  communit  y  wit  h  its  first  local  broadcast  service.  Channel  295A  can 
 be  allot  t  ed  to  Ephraim  in  compliance  wit  h  the  minimum  dist  ance  separat  ion  requirement  s  of  the 
 Commission's  Rules  wit  h  a  sit  e  rest  rict  ion  3.  4  kilomet  ers  (2.  1  miles)  nort  heast  of  t  he  communit  y.  1 
 The  sit  e  rest  rict  ion  will  prevent  a  short  -spacing  to  St  at  ion  WOCO,  Channel  296A,  Oconto, 
 Wisconsin.  Since  Ephraim  is  located  within  320  kilometers  of  the  U.  S.-  Canadian  border, 
 concurrence  of  the  Canadian  Government  has  been  requested  for  this  allotment.  2 


 3.  Accordingly,  pursuant  to  the  authority  contained  in  Sections  4(  i),  5(  c)(  1),  303(  g)  and  (r)  and 
 307(  b)  of  the  Communications  Act  of  1934,  as  amended,  and  Sections  0.61,  0.204(  b)  and  0.283  of 
 the  Commission's  Rules,  IT  IS  ORDERED,  That  effective  May  7,  2001,  the  FM  Table  of 
 Allotments,  Section  73.202(  b)  of  the  Commission's  Rules,  IS  AMENDED  for  the  community  listed 
 below,  as  follows: 


 1  The  coordinates  for  Channel  295A  at  Ephraim  are  45-  10-  12  NL  and  87-  07-  46  WL. 
 2  Although  concurrence  has  been  requested  for  the  allotment  of  Channel  295A  at  Ephraim,  notification  has  not 
 been  received.  Therefore,  operation  with  the  facilities  specified  for  Ephraim  herein  is  subject  to  modification, 
 suspension,  or  termination  without  right  to  hearing,  if  found  by  the  Commission  to  be  necessary  in  order  to 
 conform  to  the  1991  Canada-  USA  FM  Broadcast  Agreement  or  if  specifically  objected  to  by  Canada. 
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 Federal  Communications  Commission  DA  01-  740 
 2 
 Communit  y  Channel  Number 
 Ephraim,  Wisconsin  295A 
 4.  A  filing  window  for  Channel  295A  at  Ephraim,  Wisconsin,  will  not  be  opened  at  this  time. 
 Inst  ead,  the  issue  of  opening  this  allot  ment  for  auct  ion  will  be  addressed  by  t  he  Commission  in  a 
 subsequent  order. 


 5.  IT  IS  FURTHER  ORDERED,  That  this  proceeding  IS  TERMINATED. 
 6.  For  further  information  concerning  this  proceeding,  contact  Kathleen  Scheuerle,  Mass  Media 
 Bureau,  (202)  418-  2180.  Questions  related  to  the  application  filing  process  for  Channel  295A  at 
 Ephraim,  Wisconsin,  should  be  addressed  to  the  Audio  Services  Division,  Mass  Media  Bureau,  (202) 
 418-  2700. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  A.  Karousos 
 Chief,  Allocations  Branch 
 Policy  and  Rules  Division 
 Mass  Media  Bureau 
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